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JAMES M. LOWERY v. COMMONWEALTH PENNSYLVANIA (07/31/87)

decided: July 31, 1987.

JAMES M. LOWERY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA STATE POLICE, RESPONDENT



Appeal from the Order of the Commissioner of the Pennsylvania State Police in case of Pennsylvania State Police v. Trooper James M. Lowery dated November 7, 1985.

COUNSEL

Spero T. Lappas, Stefanon & Lappas, for petitioner.

K. Douglas Daniel, Chief Counsel, for respondent.

President Judge Crumlish, Jr., and Judges Craig, MacPhail, Doyle, Barry, Colins, and Palladino. Opinion by Judge Palladino.

Author: Palladino

[ 108 Pa. Commw. Page 184]

This is an appeal by James M. Lowery (Petitioner) from the order of the Commissioner of the Pennsylvania State Police (Commissioner) which affirmed a recommendation of the Court Martial Board of the Pennsylvania State Police (Board) to dismiss Petitioner from the Pennsylvania State Police.

[ 108 Pa. Commw. Page 185]

On September 26, 1985, Petitioner was served with the following "Charge and Specifications":

CHARGE ONE -- CONFORMANCE TO LAWS

In that Trooper James M. Lowery did not conform to and abide by the laws of the Commonwealth of Pennsylvania, in that he committed the crime of Rape, 18 Pa. C.S.A. § 3121, when in March or April of 1984 he engaged in sexual intercourse with one Linda Lou Roberts, who was not his spouse, by forcible compulsion and the threat of forcible compulsion at his Fayetteville, Pennsylvania, residence, all of which is contrary to Pennsylvania State Police Field Regulation 1.02.

CHARGE TWO -- UNBECOMING CONDUCT

In that Trooper James B.[sic] Lowery conducted himself in a manner which is unbecoming to a police officer and which could reasonably be expected to destroy public respect for Pennsylvania State Police officers and/or confidence in the Pennsylvania State Police, in that in March or April of 1984 he engaged in sexual intercourse with one Linda Lou Roberts against her will and without her consent at his Fayetteville, Pennsylvania residence, all of which is contrary to Pennsylvania State Police Field Regulation 1.01.

CHARGE THREE -- CONFORMANCE TO LAWS

In that Trooper James B.[sic] Lowery did not conform to and abide by the laws of the Commonwealth of Pennsylvania, in that he committed the crime of Rape, 18 Pa. C.S.A. § 3121, when on April 6, 1985 at approximately 2:30 a.m. he engaged in sexual intercourse with one Jerilyn Lee Mhoon, who was not his spouse, by

[ 108 Pa. Commw. Page 186]

    forcible compulsion and by threat of forcible compulsion at her residence in Chambersburg, Pennsylvania, all of which is in violation of Field Regulation 1.02.

CHARGE FOUR -- UNBECOMING CONDUCT

In that Trooper James B.[sic] Lowery conducted himself in a manner which is unbecoming to a police officer and which could reasonably be expected to destroy public respect for Pennsylvania State Police officers and/or confidence in the Pennsylvania State Police, in that on April 6, 1985 at approximately 2:30 a.m. he engaged in sexual intercourse with one Jerilyn Lee Mhoon against her will and without her consent at her ...


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